Flag of Australia - Protocol

Protocol

Guidelines for flying the flag are laid out in the 1953 Flags Act and in a pamphlet entitled "The Australian National Flag", which is published by the Australian Government on an infrequent basis. The guidelines say that the Australian National Flag is allowed to be flown on every day of the year, and that it "should be treated with respect and dignity it deserves as the nation's most important national symbol".

The National Flag must always be flown in a position superior to that of any other flag or ensign when flown in Australia or on Australian territory, and it should always be flown aloft and free. The flag must be flown in all government buildings and displayed in polling stations when there is a national election or referendum. Private pleasure craft can fly either the Red Ensign or the Australian National Flag. The British Blue Ensign can be flown on an Australian owned ship instead of the Australian Flag if the owner has a warrant valid under British law.

The Department of the Prime Minister and Cabinet also advises that the flag should only be flown during daylight hours, unless it is illuminated. Two flags should not be flown from the same flagpole. The flag should not be displayed upside down under any circumstances, not even to express a situation of distress. The flag is not to be placed or dropped on the ground, nor should it be used to cover an object in the lead-up to an unveiling ceremony, or to hide other material. Flags that have decayed or faded should not be displayed.

According to a government publication, old or decayed flags should be disposed of in private "in a dignified way"; a method given as an example is to cut the flag into small pieces before being placed in the waste.

When the flag is flown at half-mast, it should be recognisably at half-mast, for example, a third of the way down from the top of the pole. The Australian Flag should never be flown half mast at night. Flags are flown at half-mast on government buildings:

• On the death of the sovereign – from the time of announcement of the death up to and including the funeral. On the day the accession of the new sovereign is proclaimed, it is customary to raise the flag to the top of the mast from 11 am.
• On the death of a member of the royal family.
• On the death of the governor-general or a former governor-general.
• On the death of a distinguished Australian citizen. Flags in any locality may be flown at half-mast on the death of a notable local citizen or on the day, or part of the day, of their funeral.
• On the death of the head of state of another country with which Australia has diplomatic relations—the flag would be flown on the day of the funeral.
• On ANZAC Day the flag is flown at half-mast until noon.
• On Remembrance Day flags are flown at peak until 10.30 am, at half-mast from 10.30 am to 11.03 am, then at peak for the remainder of the day.

The Department provides a subscription-based email service called the Commonwealth Flag Network, which gives information on national occasions to fly the flag at half-mast as well as national days of commemoration and celebration of the flag.

The Australian National Flag may be used for commercial or advertising purposes without formal permission as long as the flag is used in a dignified manner and reproduced completely and accurately; it should not be defaced by overprinting with words or illustrations, it should not be covered by other objects in displays, and all symbolic parts of the flag should be identifiable. It also must sit first (typically, left) where more than one flag is used. For this reason the Collingwood Football Club had to reverse its logo (now current as of 2004).

There have been several attempts to make desecration of the Australian flag a crime. In 1953, during the second reading debate on the Flags Act, the leader of the Opposition, Arthur Calwell, unsuccessfully called for provisions to be added to the bill to criminalise desecration. Michael Cobb introduced private member's bills in 1989, 1990, 1991 and 1992 to ban desecration, but on each occasion the bill lapsed. In 2002, the leader of the National Party, John Anderson, proposed to introduce laws banning desecration of the Australian flag, a call that attracted support from some parliamentarians both in his own party and the senior Coalition partner, the Liberal Party. However, the Prime Minister, John Howard, rejected the calls stating that "...in the end I guess it's part of the sort of free speech code that we have in this country." In 2003, the Australian Flags (Desecration of the Flag) Bill was tabled in Parliament by Trish Draper without support from Howard and subsequently lapsed. In 2006, following a flag-burning incident during the 2005 Cronulla riots and a burnt flag display by a Melbourne artist, Liberal MP Bronwyn Bishop introduced the Protection of the Australian National Flag (Desecration of the Flag) Bill 2006. This bill sought to make it "a criminal offence to wilfully destroy or otherwise mutilate the Flag in circumstances where a reasonable person would infer that the destruction or mutilation is intended publicly to express contempt or disrespect for the Flag or the Australian Nation." The bill received a second reading but subsequently lapsed and did not go to vote in the House of Representatives.